Conditions

We have divided our terms and conditions into "end users" and "commercial". If you came to this shop to buy delicious chocolate for you and your loved ones, you are correct under "Consumer". Our commercial customers who interact with us independently of this shop will find the relevant terms and conditions under "Commercial".

End consumer – General Terms and Conditions (GTC)

§1 User
The following applies as a user of these GTC:
Chr. Storz GmbH & Co. KG
Fohrenstr. 15
D-78532 Tuttlingen

Limited partnership, registered office in Tuttlingen, registration court at the district court of Stuttgart, HRA 450107 • Personally liable partner: Chr. Storz Verwaltungs-GmbH, registered office at Tuttlingen • Registration court at the district court of Stuttgart, HRB 450645

§ 2 Scope
(1) The following general terms and conditions apply exclusively to the business relationship between Storz-Schokolade as the online seller and the customer in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless Storz-Schokolade expressly agrees to their validity in writing.

(2) These GTC are aimed exclusively at customers who are consumers. By placing an order, the customer declares to be a consumer.

(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§3 Conclusion of the contract and storage of the text of the contract
(1) The presentation and advertising of articles in the Storz chocolate online shop does not constitute a binding offer to conclude a purchase contract.

(2) The customer can select from the range of products presented on the website and collect them in a so-called shopping cart by clicking on the “Add to shopping cart” button. By clicking on the "Order with obligation to pay" button, the customer is able to submit a binding request to purchase the product he has selected. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept General Terms and Conditions" button and thereby included them in his application.

(3) Storz-Schokolade then sends the customer an automatic order confirmation by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic order confirmation also represents the declaration of acceptance by Storz-Schokolade. In this e-mail, the text of the contract (consisting of the order, general terms and conditions and order confirmation) is sent to the customer by Storz-Schokolade on a durable medium (e-mail or paper printout) (confirmation of contract). The text of the contract will be saved in compliance with data protection. The order can then no longer be changed or cancelled.

(5) The contract is concluded in German or English.

§4 Prices & shipping costs
(1) All prices stated in the Storz-Schokolade online shop or in other online advertisements include the applicable statutory sales tax.

(2) The corresponding shipping costs are given to the customer in connection with the entry of his order and are to be borne by the customer unless the customer makes use of his right of withdrawal.

(3) The delivery is free of charge for deliveries within Germany and a goods order value of more than 39 EUR. If the customer withdraws from an order in part (e.g. through partial revocation or partial rescission) and the respective order value for the goods falls below this in accordance with § 6 Paragraph 3 Clause 1, the customer must subsequently reimburse the shipping costs for the order remaining with the customer. The shipping costs below the exemption limit are:

Germany: EUR 4.99

(4) The goods are dispatched by post. Storz Schokolade carries the shipping risk if the customer is a consumer.

(5) In the event of a cancellation, the customer must bear the direct costs of the return shipment.

§5 Payment modalities
(1) The customer can make the payment via Paypal, mobile wallets and credit card. The terms of use of the respective provider apply. Before clicking on the "Order with obligation to pay" link, the customer can choose between these payment options. 

(2) Consumers must pay the price and other contractually owed amounts in advance using one of the digital payment methods offered in the web shop. The delivered goods remain the property of Storz Schokolade until the purchase price has been paid in full.

§6 Delivery, Delivery Restrictions
(1) Delivery times specified by us are calculated from the time of the order confirmation to the customer. If no or no deviating delivery time is specified for the respective goods, it is a maximum of 2-4 working days.

(2) Orders are only permitted in normal household quantities. If this restriction is disregarded, Storz Schokolade reserves the right to cancel the order. In this case, the goods will not be delivered, but the purchase price paid will be refunded.

(3) If no samples of the product selected by the customer are available at the time the customer places the order, Storz Schokolade will inform the customer of this immediately.

(4) The following delivery restrictions apply: Storz Schokolade only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in one of these countries: Germany. Furthermore, Storz Schokolade does not deliver the goods to packing stations.

Delivery takes place within 2-4 working days, unless the description of a selected product explicitly states otherwise.

In the case of payment via bank transfer or Paypal, this period begins on the day after the payment order is issued.

In the case of public holidays, the delivery will be postponed accordingly. We cannot assume any liability for delays in delivery beyond our control.

In unfavorable climatic conditions, such as exceptionally warm temperatures, we reserve the right not to accept orders or to accept them after the conditions have normalized in order not to jeopardize the quality of the products. We will point this out separately in the online shop.

§7 Transfer of risk
The risk of accidental deterioration or loss of the goods rests with the user until the goods are handed over and is transferred to the consumer upon delivery.

§8 Retention of title
Storz Schokolade retains ownership of the goods until the purchase price has been received in full.

§9 Warranty
(1) Storz Schokolade is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.

(2) There is only an additional guarantee for the delivered goods if this is expressly given to the customer, e.g. B. in an e-mail confirmation for the respective article.

§10 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by Storz Schokolade, its legal representatives or vicarious agents based. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, Storz Schokolade is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of Storz Schokolade if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if Storz Schokolade has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if Storz Schokolade and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.

Storz Schokolade is not liable for incorrect or late transmission of order data and messages resulting from the use of the internet or other means of communication between the customer and Storz Schokolade or between Storz Schokolade and third parties, insofar as these relate to the contact between the customer and Storz chocolate.

§11 Recall of products
Storz Schokolade has the right to recall products, among other things to prevent unsafe products from entering or remaining on the retail market or to the consumer. In the event of such a recall, Storz Schokolade will take the necessary measures to inform the consumer of the recall. Storz Schokolade will announce a possible recall via social media and a message on the Storz Schokolade website. You will also receive an email if we have your email address. In this case, Storz Schokolade will ask you to cooperate with such a product recall.

§12 Cancellation Policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which Storz Schokolade will provide information based on the statutory template below. A model cancellation form can be found in paragraph (2).

You have the right to revoke this contract within fourteen days without giving reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us

(Chr. Storz GmbH & Co. KG, Föhrenstr. 15, D-78532 Tuttlingen, e-mail: info@storzschokolade.de ) by means of a clear statement (e.g. a letter sent by post or by e-mail) about your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. If you cancel the contract only partially and the order value falls below the free shipping limit of EUR 39 (Germany), you will have to pay the delivery costs afterwards.

For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

(2) Storz Schokolade provides the following information about the model cancellation form in accordance with the statutory provisions:

(If you want to revoke the contract, please fill out this form and send it back.)

 

To Chr. Storz GmbH & Co. KG, Foehrenstr. 15, D-78532 Tuttlingen, email: info@storzschokolade.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods.

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notification is on paper)

Date

__________________

(*) Delete where not applicable

§13 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between Storz Schokolade and the customer, to the exclusion of the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.

(2) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.

(3) Note according to Section 36 of the Consumer Dispute Settlement Act (VSBG): Storz Schokolade will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

Without prejudice to the other rights to which Storz Schokolade is entitled, Storz Schokolade has the right, in the event of force majeure (impossibility), to suspend the execution of an order at its own discretion or to withdraw from the contract after 30 (thirty) calendar days by written notification to the consumer without Storz Schokolade is obliged to pay compensation.

__________________ __________________ __________________ __________

 

Commercial – General Terms and Conditions (GTC)

In principle, only our order confirmations and the conditions contained therein apply to all orders. We do not recognize unilateral order conditions of the buyer that do not contain conditions customary in the industry such as contractual penalties, right of return and the like.

 

1. Our offers are non-binding. Delivery possibility remains reserved.
2. Our invoices are payable in accordance with the terms of payment printed on the order confirmation.
3. The delivery takes place in customary packaging of our choice. Claims for transport damage must be made immediately to the railway, post office or forwarding company. Other complaints will only be considered by us within 8 days of the invoice date; they must be made directly to the seller and not to agents or travelers.
4. The delivered goods remain the property of the seller until the purchase price has been paid in full and all past and future deliveries of goods within the business relationship have been paid for (current account clause) - including all ancillary claims (when paying by check or bill of exchange until the check or bill of exchange has been honoured). Until then, the buyer is not entitled to pledge the goods to third parties or to assign them as security. When these goods are processed, the seller acquires co-ownership of the new items. The extent of this co-ownership results from the ratio of the invoice value of the goods delivered by the seller to the invoice value of the remaining goods.

The buyer hereby assigns the claim from a resale of the reserved goods to the seller, also insofar as the goods have been processed. If, in addition to the seller's reserved goods, the processed product only contains items that either belonged to the buyer or were only delivered under the so-called simple retention of title, the buyer assigns the entire purchase price claim to the seller. In the other case, ie if the advance assignments to several suppliers coincide, the seller is entitled to a fraction of the claim, corresponding to the ratio of the invoice value of his reserved goods to the invoice value of the other processed items.

5. Small deviations from the samples submitted with the order in terms of quality, weight or equipment cannot be objected to. In particular, the use of packaging of a different type and appearance is not to be regarded as a defect within the meaning of the law.
6. We reserve the right to reduce the order, as well as to postpone the delivery date if the buyer is in arrears with payment obligations to us. In the event of unsatisfactory information or insufficient credit security, we are entitled to demand advance payment without prior consultation.
7. Verbal agreements are only valid if they are contained in our written confirmation.
8. Place of performance for delivery and payment and exclusive place of jurisdiction is Tuttlingen.

Otherwise, the delivery, payment and business conditions of the German confectionery industry and the provisions of the conditions cartel apply.

 

Chr. Storz GmbH & Co. KG • Foehrenstr. 15 • D-78532 Tuttlingen